Sacked nurses reinstated at Daintree

Thursday 18th December 2008

NSWNA intervention prevents terminations at Daintree Aged Care

NSWNA intervention has prevented the mass termination of nurses at Daintree Aged Care in Albion Park. The NSWNA took Daintree Aged Care to the Australian Industrial Relations Commission (AIRC) after all nurses at the facility received termination notices.

As a direct result of NSWNA intervention, Daintree management have abandoned all planned employment changes at the aged care facility.

In October, staff at the Albion Park aged care facility operated by Daintree ACS Pty Ltd were all given one month’s notice of termination and told they had to reapply for their positions with a new employer – Daintree Management Pty Ltd.

Company searches by the NSWNA revealed that the ‘new’ employer had the same directors, shareholders, registered office, principal place of business and company secretary as the ‘old’ employer.

Staff members were also told that, if re-employed, it would be under different wages and conditions and they would lose their ‘continuity of service’, thus eliminating long service and sick leave accruals.

Adding insult to injury, staff were told they would have to work for 30 days before confirmation of permanent employment, and receive no annual leave for the ‘first’ 12 months.

After several unsuccessful attempts to resolve the matter directly with management, NSWNA lodged complaints with the Department of Health and Ageing and the Workplace Ombudsman and filed a dispute in the AIRC.

Following conciliation in the IRC, Daintree ACS Pty Ltd agreed to rescind the termination notices and that any future restructuring would be in consultation with the NSWNA and would avoid ‘formal termination of employees’.